FCPA

To Report or Not Report; Conflicting Guidance From the Courts -- What is a Whistleblower to Do?

By Gordon Schnell and Marlene Koury (published in the American Banker) Under the recently implemented whistleblower provisions of the Dodd-Frank Act, whistleblowers who report violations of the securities laws are supposed to be protected from being fired.  These protections -- which can include reinstatement, double back pay and special damages -- are designed to serve as an incentive for whistleblowers to come...

SEC Continues its Crusade Against Foreign Bribery

By Gordon Schnell The reinvigorated efforts of the Securities and Exchange Commission (SEC) to fight foreign bribery continue to pay off.  This week, the SEC announced that the drug giant, Pfizer, has agreed to pay $60 million to settle criminal and civil charges that its subsidiaries bribed foreign officials in Europe and Asia in order to win business there.  Under the Foreign Corrupt Practices Act (FCPA), it...